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DOWNEY v. 10 REALTY CO., INC.

117110/04, Motion Seq. No. 002.

2009 NY Slip Op 31951 (U)

JOHN DOWNEY, Plaintiff, v. 10 REALTY CO., INC., Defendant. 10 REALTY CO., INC., Third-Party Plaintiff, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Third-Party Defendant.

Supreme Court, New York County.

August 19, 2009.

DECISION

CAROL R. EDMEAD, Judge.

Third-party defendant Greater New York Mutual Insurance Company (GNY) moves, pursuant to CPLR 3211 (a) (1), (3) and (7), to dismiss the third-party action against it, or, in the alternative, to sever the third-party insurance-coverage declaratory judgment action from the underlying negligence claim.

In 2000, GNY issued a general commercial liability insurance' policy under which 10 Realty Co., Inc. (10 Realty) was...

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